YOUNGSTOWN Judge reimposes sentence

The judge said he'll consider early release for a man who kept fines he was supposed to turn over to the state.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- When Mohan Subramanian was sentenced to prison 11 months ago, he buried his face in his arms and sobbed heavily.
When the same judge imposed the same sentence Wednesday, Subramanian nodded his head, thanked the judge and shook his hand.
"You made my job tough," Judge James C. Evans said just after ordering Subramanian to serve 12 months in prison.
"I know, sir. I'm sorry," Subramanian said.
Subramanian, 36, of Boardman, was originally sentenced in April after he pleaded guilty to one count of unauthorized use of government property. Authorities said he kept $22,500 in fees that should have gone to the state.
In February, the 7th District Court of Appeals overturned the 12-month sentence imposed by Judge Evans.
Law: Under Ohio law, first-time criminal offenders must be given the shortest allowable sentence unless the judge finds on the record that the shortest term would demean the seriousness of the crime.
Judge Evans did not do that, so the sentence was ruled invalid and a new sentencing hearing was ordered. The sentencing range for the charge to which Subramanian pleaded guilty is six to 18 months.
Subramanian said he now accepts full responsibility for what he did and apologized to the court and authorities for being disrespectful during their investigation.
"I knew the full fines were not due to me," Subramanian said. "This is not how a man of faith should behave or how a husband and father should teach his children."
Judge Evans said Subramanian's acceptance of responsibility and recent efforts to improve his life are honorable, but said the nature of the crime is too serious to ignore. He imposed the same 12-month sentence but said he will seriously consider granting him early release.
He also ordered Subramanian to pay back the money he kept. Subramanian's attorney, Walter D. Ritchie, said he brought a check to court to repay the stolen fees.
The fines: Authorities said Subramanian collected $100 fees from people whose cars had been immobilized because of either driving with a suspended license or driving under the influence of alcohol.
He was collecting the fees for the city of Youngstown as a private contractor.
The money was supposed to be sent to the Ohio Bureau of Motor Vehicles, which would then reimburse a portion to the city. Instead, Subramanian kept all the money.